Sunday, March 4, 2012

ETHICS

Every person who has been declared elected mayor or council member shall, within 10 days after the declaration, take and file with the city clerk an oath of office in the form and manner provided by law and shall execute and give sufficient bond to the municipal corporation in the sum of $10,000, conditioned for the faithful performance of the duties of the office. This bond must be approved by the judge of the district court of the county in which the city is situated and must be filed with the clerk and recorder of the county in which the city is situated. ____________________________________________________________

This section of law applies to the Municipal Commission form of government. Forsyth is organized under the Commission Executive form in 7-3-201-224. These sections do not include the bonding requirement. The Municipal Commission form is not used by any city or town in Montana.

by Alec Hansen

Interpretation: the state sponsors and empowers any duly elected town drunk and village idiot. No bond required. _____________________________________________________________MONT CODE ANN § 7-3-203 : Montana Code - Section 7-3-203: DUTIES OF EXECUTIVE

The executive shall:(1) enforce laws, ordinances, and resolutions;(2) perform duties required by law, ordinance, or resolution;(3) etc., etc.____________________________________________________________Interpretation: the mayor is required by state law to enforce city law.

The degree of “enforcement” becomes a gray area, however the circumstantial evidence is quite overwhelming:

The city’s dog ordinance was revised in an attempt to neuter it’s effectiveness with/by the approval of the city council. The city is empowered by the state to enact any dog ordinance, however the city is compelled by the state to enforce it!